The Community Relations
Service and the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act,
P.L. 111-84 (2009)
For over 45
years, community tension on the basis of race, color, or national origin has
triggered CRS jurisdiction. Pursuant to
its legislative mandate as established by Title X of the Civil Rights Act,
section 2000g-1, CRS “provide(s) assistance to communities and persons therein
in resolving disputes, disagreements, or difficulties relating to
discriminatory practices based on race, color, or national origin which impair
the rights of persons in such communities under the Constitution or laws of the
United States or which affect or may affect interstate commerce.”
With the
passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
(HCPA), CRS is authorized to work with communities to employ strategies to
prevent and respond to alleged violent hate crimes committed on the basis of
actual or perceived gender, gender identity, sexual orientation, religion or
disability in addition to continuing to employ strategies to prevent and
respond to community tension relating to alleged discrimination on the basis of
actual or perceived race, color, or national origin.
What Can CRS Do to
Prevent and Respond to Alleged Violent Hate Crimes?
·
Since
1964, CRS has assisted communities in the aftermath of alleged hate crimes and
hate incidents that were perceived to be committed because of a person’s race,
color, or national origin.
·
As
Attorney General Holder explained when testifying before the Senate in support
of the HCPA, “hate crimes victimize not only individuals, but entire
communities.” Under the HCPA, when CRS responds
to an alleged violent hate crime committed on the basis of actual or perceived gender,
gender identity, sexual orientation, religion, disability, race, color, or
national origin, it will conduct an assessment of community tension associated
with the alleged hate crime.
·
Upon
assessment, CRS will explore opportunities to assist willing parties to develop
and implement local strategies that can help law enforcement, local officials,
civil rights organizations, or interested community groups to respond to the
alleged hate crime and find ways to prevent future hate crimes.
·
To
facilitate the development of the community capacity to help prevent hate
crimes and improve community response mechanisms, CRS services and programs may
include: conciliation, mediation, training, technical assistance, and other
tension reduction techniques.
·
Because
it is not CRS’ role to determine the validity of a claim of discrimination or
allegations of a violent hate crime, to the extent that community members
perceive activities as violent hate crimes or as precursors to these crimes, it
is appropriate for CRS to offer services in response to those incidents and to
assist parties to employ strategies to prevent hate crime acts in their
communities.
(Bold & Underline added)
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